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  • Is it legal California

    My father died 11 months ago His will states the house was to be sold and the money was to be split between seven siblings. First of all me and two of my brothers lived in the house ever since we were born forty-four years plus. My older brother is one of the executors on the will. He had us served eviction papers. The house is not even listed for sale. There is no buyer for the house. My one brother that lived at the house was just informed about a month ago that he has cancer. On 11/13/08 my brother's girlfriend came with the police and had us throwing out of the house. She is not in my fathers will as an executor or anything she is not even married too my brother. How can she come with the police and put us on the street. When in all actuality me and my two brothers each own 1/7 of the property. She told the police my brother had to work. She don't even have power of attorney. Was this legal? Is their anything we can do about this? Thank you

  • #2
    It sounds like the brothers that aren't still living for free in Dad's house want the house sold and to get their money.

    You could always buy them out.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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    • #3
      Who said anything about living at Dads house for free? We paid are way! He got money for utilities and food Where were they when Dad needed help? We took care of our Father and they were no where around to help I just asked if that was legal the way they did that!

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      • #4
        No, you don't own 1/7 of the house. Your father's estate owns 100 percent of it, and you are a beneficiary of his estate. There's a difference. There's no law that says that you are entitled to stay in the house until it's put on the market, until it's sold, or because someone's been diagnosed with cancer.

        If you were served with eviction papers, then you had the right to go to court and contest the eviction. Did you? If the police had orders from the court to remove you from the house, it doesn't matter who else was there.

        I don't mean to sound harsh but, if your father's will said that the house is to be sold, you've had 11 months to make other plans.
        I am not able to respond to private messages. Thanks!

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        • #5
          johnsgirl2: Is their anything we can do about this?

          If you feel the executor overstepped his authority, you can file suit against him. I suggest you try and work things out amicably first, however (e.g., if you and two of your brothers want to remain in the house pending its sale, offer to pay rent). Also, get a timetable from the excutor brother as to when he plans to list the home for sale.
          Barry S. Phillips, CPA
          www.BarryPhillips.com

          IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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          • #6
            ^ ^ ^ Based on the original poster's facts, I do not see who the she could sue.

            When a person is appointed the Executor of the Estate in California, he/she are responsible for managing the assets expeditiously and for the benefit of the Estate. Unless you are a spouse or a minor child petitioning for what is called a Probate Homestead, or there was some sort of lease/rental agreement between you and the decedent, you are not supposed to be allowed to remain at the property. The only real exception to this rule tends to be if all beneficiaries (i.e. you and your siblings) agree to you staying there, the Court won't mind either, but it doesn't sound like you get along with everyone so that option is sort of moot.

            The Executor is supposed to act in the best interests of the Estate, meaning, in this case, he is most likely supposed to prepare the property for sale, or rent it out and collect rental proceeds. Since having a current tenant often disrupts sale, he may be kicking you out in order to prepare to sell the property.

            From the sound of it, you are irritated that you and your two brothers helped your father out while his remaining children did not. Unfortunately, without some sort of agreement that does not translate into a legal argument which can help you stay at the property. Your father's Will states that the house is sold and the proceeds distribute among you and your brothers/sisters. That's what is going to happen.

            Your older brother is supposed to prepare the property for sale, sell it, and then go through the steps close the estate (which includes distributing the proceeds of the sale, along with other property, to the beneficiaries, of which you are one of seven).
            Website: www.jeterprobatelaw.com

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            • #7
              And all this happened back in 2008....
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                I handled as "seed" spam - replied to old post & from India.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                • #9
                  Well done.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                  • #10
                    I don't always check the IP address when a user replies to an old thread but some occasions I do.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                    • #11
                      Whew! For a minute there I was thinking I may have missed a post from '08!
                      I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                      Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                      I also may not have been either sane or sober when I wrote it down.
                      Don't worry, be happy.

                      http://www.rcfp.org/taping/index.html is a good resource!

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